HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40474 of 2015 Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Bharat Bhushan,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and learned Additional Government Advocate for the State.
Submission is that barring confessional statement of accused-applicant, there is no legally admissible evidence of theft against the applicant. Further submission is that co-accused Sonu was allegedly handing over vehicles to the applicant and that offence is triable by the Magistrate.
Learned AGA has opposed the bail application of the applicant.
The applicant is in jail since 23.8.2015. It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial. Considering entire facts and circumstances of the case and without reflecting anything on the merits of the case, I am of the opinion that the applicant deserves to be enlarged on bail.
Let applicant Deepak be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case crime no. 732 of 2015 under Sections 413, 420, 465, 467, 468, 471 IPC, Police Station Hapur Kotwali, District Hapur with the following conditions:-
(i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii)The applicant will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.11.2015 SU.